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(영문) 대구지방법원 2019.09.27 2019노2872

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was in a state of mental disability or mental disability due to drinking.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. It is recognized that the Defendant had drinking at the time of committing the instant crime.

However, in full view of the background and process of the instant crime, and the Defendant’s conduct before and after the instant crime, it does not seem that the Defendant had a mental disorder to the extent that the instant crime was in a state of mental disorder or mental disorder or mental disorder.

Therefore, this part of the defendant's assertion is rejected.

B. It is recognized that the Defendant recognized the crime of unfair sentencing in the lower court, and sought a private crime, such as using letters to the victimized police officers.

However, it appears that the defendant reversed the defense that it is difficult for him to understand in the trial to deny and refuse to reflect the crime. The crime of obstruction of performance of official duties is also recognized that the defendant has a criminal record of being punished three times, including the crime of obstruction of performance of official duties, and the defendant has committed the crime of this case during the period of repeated crimes of the same kind, and there are criminal records of being punished 18 times in total for the crime of this kind, including 13 times a fine and 13 times a fine for the crime of other violence, and it is also recognized that the crime of obstruction of official duties has not been used by the victimized police officer.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentence imposed by the lower court is too unreasonable.